Invalidity · first instance · 2018-12-07
000010450
Contested design: 001253876-0002
Outcome
The invalidity application is rejected, and the applicant must pay the holder's costs fixed at EUR 400.
Show verbatim operative text
1. The application for a declaration of invalidity of registered Community design No 001253876-0002 is rejected. 2. The applicant bears the holder’s costs, fixed at EUR 400.
CostsApplicant ordered to pay costs of €400
Parties
Applicant · invalidity challenger
TrekStor GmbH
Germany (DE)
Berliner Ring 7, 64625 Bensheim, Germany
Represented by
Holder · RCD owner
ZAGG Incorporatedvia PDF extraction
United States (US)
3855 South 500 West, Suite J, Salt Lake City, Utah 84115, United States of America
Represented by
Legal grounds invoked
Argument summary
- ›The applicant argued that the contested RCD unlawfully used drawings and sketches by Mr Ronghua Jia, whose rights had been assigned through intermediaries to the applicant.
- ›The holder argued that the applicant had not proved German copyright law, ownership of any earlier right, or the conditions required to invalidate the RCD.
- ›The holder also maintained that the design was independently created by its employee, supported by earlier US filings and a November 2010 press release.
- ›The Division found that the applicant's evidence post-dated the RCD filing and did not prove an earlier enforceable copyright right or any infringement.
- ›The sole ground under Article 25(1)(f) CDR was rejected, so the invalidity application failed and costs were awarded against the applicant.
Deciding panel
- MemberLudmila ČELIŠOVÁ
- MemberBenjamin VAN BAVEL
- MemberBirgit FILTENBORG
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
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